beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each of the instant crimes committed by the Defendant with mental or physical weakness committed under the influence of alcohol.
B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment, confiscation) is too unreasonable.
2. Determination
A. According to the records of the judgment on the assertion of mental and physical weakness, the defendant is deemed to have drinking alcohol at the time of each of the crimes in this case, but it does not seem to have reached a state where the defendant had the ability to distinguish things or make decisions at the time of the crime in this case, in light of the circumstances leading up to the crime in this case, method of the crime, the time of the crime, and the situation thereafter, etc., and thus, the defendant's mental and physical weakness claim cannot be accepted.
B. The judgment of the court below on the unjust assertion of sentencing has a favorable condition for the defendant, such as the fact that the defendant violated the crime of this case, the victim L of this case in 2016 order 3029 case did not want to be punished by the defendant at the investigation stage (Evidence No. 25 of the evidence record), and the victim O of this case in 2016 order 9355 case expressed the victim's intention not to punish the defendant. However, while the crime of this case was committed under the influence of the defendant under the influence of alcohol, the crime of this case was committed by assaulting the victims through beer's illness or kitchen, which is a dangerous object without any special reason, and thus obstructing the performance of official duties. The crime of this case is not very good. The defendant was punished several times for the same crime, and even during the suspension of execution period, the defendant supported each of the crimes of this case without being aware of it, and the defendant's age, environment, sexual behavior, motive for the crime, and circumstances before and after the crime.